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Coral Gables Workers’ Compensation Attorney
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Workers' Compensation Lawyers in Coral Gables, Florida
Injured workers in Florida shouldn’t be forced to pay for their own medical care or lose out on wages after being injured while performing their job duties. At Kanner & Pintaluga, we’ll provide you with aggressive representation that will strive to help you receive the workers’ comp payment you deserve if you’ve been injured on the job or while performing your job duties in Coral Gables.
What Are the Requirements for a Workers’ Compensation Claim in Florida?
Generally speaking, businesses with four or more employees (whether they’re full-time or part-time) are required by Florida law to carry workers’ compensation insurance so that their employees can receive benefits in the case of a work-related injury or illness. The state is especially strict about construction companies – they must provide coverage even if they only have one employee.
Under workers’ compensation laws, covered employees with workplace injuries are entitled to receive:
- Medical treatment for their injuries
- Disability benefits if they are unable to work
- Compensation for lost wages
Workers’ comp works under a “no-fault” rule, meaning you don’t have to prove anyone acted negligently in order to receive your benefits. However, this does impose some unique restrictions on injured workers. For example, you won’t be able to file a traditional injury claim against your employer in most cases, but you may be able to file one against a third party if they were responsible for your injury while you were on the job (like another contractor, the property owner where you were working or a driver if they caused a crash with you while you were on the clock). Some damages, like pain and suffering, aren’t available in workers’ comp claims.
Florida mandates that employers keep an accurate and up-to-date record of workplace injuries. If any new accidents occur, they must immediately report them to their workers’ compensation carrier. If a business fails to fulfill these responsibilities, they can be subject to legal and financial repercussions.
Worker's Compensation Exceptions
Although most employees in Florida are covered under the workers’ compensation system, some workers may be excluded:
- Independent Contractors: For the most part, because of their freelance status, independent contractors are not covered by workers' compensation. However, there are some exemptions to the rule. For example, if an employer classifies a worker as an independent contractor just to avoid providing workers' compensation benefits, Kanner & Pintaluga can help you seek the rightful benefits to which you’re entitled.
- Agricultural and Farm Workers: Unless their employer has more than five regular employees or at least 12 seasonal workers, agricultural and farm workers are typically not covered by workers' compensation.
- Domestic Workers: Housekeepers, nannies and other domestic workers are not typically covered unless their employer has three or more regular employees.
A common misconception is that undocumented workers in Florida aren’t covered by workers’ compensation. While that is the case in some states, it’s not the situation in Florida. Since the state doesn’t require proof of legal status to qualify for coverage, undocumented workers are actually protected if their employer carries workers’ comp coverage. All workers in Coral Gables, FL, regardless of their immigration status, are legally owed a safe environment and compensation for work-related injuries if their employer is required to carry coverage.
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Contact Kanner & Pintaluga for a free consultation. We would be happy to discuss your case and help you understand your chances for financial compensation.
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How to File Your Workers’ Compensation Case
To get the most out of your workers’ compensation case, it’s essential to file your claim correctly. Kanner & Pintaluga will strengthen your case with robust evidence. Here are some steps you can take throughout the process to ensure your case is solid:
- 1. Report the Injury: Notify your employer about the injury or illness as soon as possible. Delaying the reporting may adversely affect your claim.
- 2. Document the Incident: Gather and keep all relevant evidence related to your injury, such as incident reports, witness statements, photographs and medical records. These records will illustrate the severity and source of your injuries.
- 3. File a Claim: Most of all, your priority when completing the workers' compensation process is to complete the First Report of Injury or Illness form (DWC-1) and submit it to the Florida Division of Workers' Compensation. Your employer should provide you with this form. The workers’ comp attorneys at Kanner & Pintaluga can help you fill it out if you require assistance. Time is of the essence when filing a workers' compensation claim. If you miss a deadline or make a mistake while filing, you can significantly hurt your chances of receiving benefits. Kanner & Pintaluga will ensure your claim is properly filed and as strong as it can be.
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Coral Gables Location
Coral Gables
2020 Ponce de Leon PH 2,
Coral Gables, FL 33134
(800) 586-5555
* Available by Appointment
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Hire a Coral Gables Attorney Who’s Ready to Fight for Your Workers’ Comp Benefits
If you’re suffering from an injury or an illness you suffered at work, you deserve just compensation. Our dedicated team of workers' compensation attorneys is committed to helping you navigate the complexities of the legal landscape. We’ll fight aggressively and passionately to pursue the best outcome possible for your case.
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